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CC MINS 19980120MINUTES RANCHO PALOS VERDES CITY COUNCIL REGULAR MEETING JANUARY 20, 1998 The meeting was called to order at 7:15 P. M. by Mayor Ferraro at the Hesse Park Community Center, 29301 Hawthorne Boulevard. Following the Pledge of Allegiance to the Flag, roll call was answered as follows: PRESENT: Hollingsworth, Byrd, Lyon, McTaggart, and Mayor Ferraro ABSENT: None Also present were City Manager Paul Bussey, City Attorney Carol Lynch, Assistant City Manager Carolynn Petru, Public Works Director Les Evans, Finance Director Dennis McLean, Interim Planning, Building and Code Enforcement Director Joel Rojas, Administrative Services Director /City Clerk Jo Purcell, and Recording Secretary Chandra Kincaid. CEREMONIAL EVENT: (304) (1) Mayor Ferraro recognized the "Pantherettes," the 1996 -97 Palos Verdes Peninsula Girls Softball All -Star Team. (2) Introduced Special Assignment Officers Edwin Roberts and Randy Oviedo. RECYCLE DRAWING: (1301) Mayor Ferraro asked Palos Verdes Peninsula News reporter Chris Boyd to draw one card from the recycle bin. The Mayor then congratulated Gary & Norma Greene and Stephen Soldoff for being the recyclers of the month for the months of November and December, respectively. APPROVAL OF AGENDA City Clerk Purcell reported the changes to the Agenda, announcing that Item No. 3, Forrestal Property Trails; Item No. 5, Professional Services Agreement for Design of Lower Hesse Park; and Item No. 6, Local Government Household Hazardous Waste Grant would be removed from the Consent Calendar and considered after Item No. 17, Draft Amendments to the View Restoration Commission (VRC) Guidelines and Discussion of Potential Reconsideration of Previous VRC Decisions. City Manager Bussey requested that Item No. 6, Local Government Household Hazardous Waste Grant, be tabled to the next City Council meeting; however, after a brief discussion, it was the consensus to leave that Item on the Agenda with the understanding that the application could be withdrawn after it has been submitted if so desired by the City. Councilwoman Lyon moved, seconded by Councilman Byrd, to approve the Agenda as amended. Motion carried without objection. APPROVAL OF CONSENT CALENDAR Councilwoman Lyon moved, seconded by Mayor Pro Tem Hollingsworth, to approve the Consent Calendar as follows: MINUTES (301) Approved the Minutes of November 18, 1997, January 5 and 6, 1998, as submitted. Resol. No. 98 -01 - Vicious Dog Determination Appeal (1104 x 1101) ADOPTED RESOL. NO. 98 -01 DENYING THE APPEAL OF THE VICIOUS DOG DETERMINATION AND ORDER REGARDING "CINDER," A DOG KEPT AT 76 ROCKINGHORSE ROAD. Commercial Refuse and Collection Agreement Amendment to Extend Existing Contracts (1204 x 1301) Authorized the Mayor and the City Clerk to execute Amendment Number Three to the Agreements for Nonexclusive Commercial Refuse Collection and Disposal Services with ACE Roll Off Rubbish Service, Inc., S & H Disposal Company and EDCO Disposal Corporation, and Amendment Number Two with HMD Waste Company to extend the nonexclusive franchises through December 31, 1998. Resol. No. 98 -02 -Local Government Household Hazardous Waste Grant (1204 x 1402) (1) Authorized application for a Palos Verdes Peninsula Regional HHW Grant, with Rancho Palos Verdes as the lead agency, to pay for residents to use the Redondo Beach HHW facility; and (2) ADOPTED RESOL. NO. 98 -02 AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AGREEMENTS, CONTRACTS, AND REQUESTS FOR PAYMENT AS NECESSARY TO ACT AS LEAD AGENCY FOR THE REGIONAL PROGRAM. _ Award of FY 1997 -98 Slurry Program, FY 1998 -99 Overlay Program (1204 x 1404) 1. Awarded a Professional Services Agreement to Willdan Associates, Inc. in an City Council N inutes January 20, 1998 Page 2 amount of $99,777, and authorized staff to spend an additional $6,923 for a total authorization of $106,700 for the design, inspection, pavement testing, and project administration services for the FY 1997 -98 Slurry and FY 1998 -99 Overlay Programs. 2. Authorized the Mayor and City Clerk to execute a Professional Services Agreement with Wi I Idan Associates, Inc. Claim against the City by Helen Finney (301 x 303) Rejected the claim and directed the City Clerk to notify the claimant. Claim against the City by Wolf & Judith Fuellborn (301 x 303) Rejected the claim and directed the City Clerk to notify the claimant. Claim against the City by Luther Whitsitt (301 x 303) Rejected the claim and directed the City Clerk to notify the claimant. Claim against the City by Debbie Steffe (301 x 303) Rejected the claim and directed the City Clerk to notify the claimant. Resol. No. 98 -03 - Register of Demands (602) Adopted RESOLUTION NO. 98 -03 OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO PAID. The motion to approve the Consent Calendar carried on the following roll call vote: AYES: Byrd, Hollingsworth, Lyon, McTaggart, and Mayor Ferraro NOES: None PUBLIC HEARING: Proposed 1998 -99 Community Development Block Grant (601 x 1204) Mayor Ferraro opened the public hearing on the matter and City Clerk Purcell reported that notice had been duly published and that no written protests were received by the City Council Minutes January 20, 1998 Page 3 City. Director of Public Works Evans presented the staff memorandum of January 20, 1998, and the recommendation to (1) Conduct a public hearing to receive citizen input on the proposed 1998 -99 Community Development Block Grant (CDBG) Program. (2) Approve the proposed CDBG projects and budget; and, (3) Authorize the Director of Public Works to execute agreements for CDBG projects with the Los Angeles County Community Development Commission. Lois Larue, 3136 Barkentine Road, commented that CDBG money is supposed to be used to help people with very low incomes, and that while she thinks it's great that South Bay Free Clinic is receiving money, she feels that the free clinic in San Pedro should also be receiving money. She also commented regarding Alta Mira Canyon being outside of the landslide area; that people are disturbed about the damage that's being caused by the water; and that they have formed a committee. City Manager Bussey indicated that the City is aware of the committee that's being formed; and noted that they are speaking of the residents outside an area that would benefit from programs that are provided for under the 1987 settlement agreement. He also mentioned that money was given to San Pedro Free Clinic last year through a different fund. Council expressed concern with the $23,000 loss of funding for the Reach Program. Councilwoman Lyon moved, seconded by Councilman McTaggart, to (1) Adopt the proposed 1998 -99 community development block grant (CDBG) Program. and, (2) Authorize the Director of Public Works to execute agreements for CDBG projects with the Los Angeles County Community Development Commission.The motion carried without objection. REGULAR BUSINESS: Award of Bid for a Radio Communications System (1204) City Clerk Purcell reminded Council of the revised staff report regarding this item. Director of Public Works Les Evans presented the revised staff report and the recommendation that City Council reject all bids and direct staff to reconsider the use of a radio system using low band frequencies and a single repeater and evaluate the City Council Minutes January 20, 1998 Page 4 potential of using a cellular communication system. Ian Telfer, 2698 Junipero, Long Beach, engineering consultant, indicated that he felt the process was fair and that every bidder was afforded an opportunity to bid; that the type of frequency chosen is a good frequency for the type of terrain in the area; and that he sees no reason why the plans should not proceed. Gary Franks, 6902 North Figueroa Street, Los Angeles, spoke against staff s original recommendation, and stated his opinion that the company that was going to receive the contract was in violation of the Public Contract Code; and he also mentioned that the bid should have been withdrawn before it was awarded. Leonard Abrams, 3057 Cavendish Drive, spoke against staffs original recommendation, noting that he feels his son, Mark Abrams, should have been awarded the contract. Representing Raycom, a contractor that bid on the job, Mark Abrams spoke against staffs original recommendation, and provided the Council with a binder that he prepared. He also made accusations that staff has attempted to conceal the facts. Henry Schmidling spoke against staffs original recommendation, pointing out that most public or disaster preparedness committees do not consider cell phones as a viable source of communication. Kevin Nida, Nida Companies, spoke in favor of staffs original recommendation; and pointed out that low band is a very good system. Gene Johnson, 118740 Greenbay Dr; Rowland Heights, spoke in favor of staffs original recommendation; and commented that low band is still a very good and viable system. With regard to Mark Abrams' allegations of or impropriety collusion, City Attorney Lynch stated that nothing inappropriate has occurred in this matter. Councilman McTaggart moved, seconded by Councilwoman Lyon, to accept staffs recommendation to reject all bids, and directed staff to reconsider the use of a radio system using low band frequencies and a single repeater site and evaluate the potential of using a cellular system. The motion carried without objection. Appeal of Staff determination that no Municipal Code violation exists at 5337 City Council Minutes January 20, 1998 Page 5 Whitefox Drive (1203 x 7701) Code Enforcement Officer Davenport presented the staff memorandum of January 20, 1998 and the recommendation to deny the appeal and uphold the Director's determination that the less than two foot cut and export of less than ten cubic yards of material from 5337 Whitefox Drive did not constitute grading, as defined by the Municipal and Uniform Building Codes, and is not a violation of the Municipal Code. Edward Zack, 5343 Whitefox Drive, provided the Council with a presentation which summarized a letter dated December 3, 1997, and replied to the City's letter dated January 20, 1998, upholding his position that a code violation had occurred. (Mr. Zack's letter is on file with the City Clerk's Office.) Prakash Dheeriya, 5337 Whitefox Drive, provided the Council with a copy of a letter stating his position, noting that all he did was remove ivy from his backyard; and pointed out that he did not violate any City Code. He also indicated that he had no intention of building a retaining wall. (Mr. Dheeriya's letter is on file with the City Clerk's Office.) Councilman McTaggart moved, seconded by Councilman Byrd, to approve staffs recommendation to deny the appeal and uphold the Director of Planning, Building & Code Enforcement's determination that the less than two foot cut and export of less than ten cubic yards of material from 5337 Whitefox Drive does not constitute grading , as defined by the Municipal and Uniform Building Codes, and is not a violation of the Municipal Codes. Motion carried. Recess and Reconvene: At 8:20 P.M., Mayor Ferraro declared a recess. The meeting was reconvened at 8:35 P.M. Appointment of Committee & Commission members (106 x 301 x 602 x 605 x 1201 x 1203 x 1502 x 1806 x 1808) City Clerk Purcell presented the staff report and the recommendation to make the following appointments: (1) Appoint seven members to the Planning Commission; (2) Appoint seven members and three alternates to the View Restoration Commission; (3) Appoint seven members to the Traffic Committee; (4) Appoint seven members to the Recreation &Parks Committee; (5) Appoint five members to the Finance Advisory Committee; (6) Appoint up to nine members to the Equestrian Committee; and (7) Appoint two members to the Public Access Cable N Committee. (8) Appoint a chairperson to each of these committees and commissions to serve until December 1, 1998. City Council Minutes January 20, 1998 Page 6 Councilman Byrd moved, seconded by Mayor Pro Tem Hollingsworth, to vote for seven members and then three alternates to the View Restoration Commission. Motion carried by unanimous approval. Councilman Byrd moved, seconded by Councilwoman Lyon, to expand the Finance Advisory Committee to seven members. Motion carried without objection. After voting by the City Council the following appointments were made: Planning Commission: Alberio, Cartwright, Clark, Slayden, Vannorsdall, Whitneck, and Lyon. Chair: Clark. View Restoration Commission: Black, Alan Green, Ray Green, Kipper, Drages, Long, McBride, Mehiman, Mueller, and Sweetnam. Chair: Long. Traffic Commission: Hildebrand, Iseda, Jones, Moore,. Schurmer, Shepherd, and Whitney. Chair: Hildebrand. Parks & Recreation: Bothamely, Ford, Hildreth, Laura, Longacre- Singh, Margolis, and Petrauschke. Chair: Laura. Finance Advisory: Au, Butler, Fantore, Monk, Peden, Smith, and Zamzow. Chair: Monk. Equestrian Committee: Bara, Bowler, Burt, Deeble, Greenwood, O'Neil, Ryan, Simpson, and Smolley. Chair: Bara. Public Access Cable TV: Curtis and Vincent. All terms of office are until December, 1999, and the term of each chair is until December 1, 1998. Mayor Ferraro announced that the City is accepting volunteers for their 25th Anniversary Committee and those interested should call City Hall and put their name on a list with the City Clerk. Draft Amendments to the View Restoration Commission (VRC) Guidelines (1203 x 1806) Acting Director Rojas presented the staff report and the recommendation to adopt the amended View Restoration Commission (VRC) Guidelines, as recommended by the VRC and provide Staff with any direction on the reconsideration of previous VRC decisions. Lloyd Philipson, 6364 Chartres Drive, speaking against staffs recommendation, requested that his case and others like his be reconsidered because previous conditions no longer apply; and that those who had no view at the time of purchase of their property should not be allowed to apply for view restorations. Bob Sprague, 3753 Wildbriar Drive, speaking against staffs recommendation, provided a copy of his concerns to the City Clerk; noted that Section V does not specify what type of replacement foliage should be used, and mentioned that the guidelines should City Council Minutes January 20, 1998 Page 7 specify that the replacement trees or shrubs should be selected from the City's approved list of trees and shrubs. Mr. Sprague also expressed his concerns and suggestions as they relate to Section V Commission Action: Ken Dyda, 5715 Capeswood Drive, provided the City Clerk with a copy of his comments, and noted that in Mandatory Findings, a paragraph should be added to include the following: "However, foliage located within the outer edges of the defined view frame is a significant view and thus be subject to view reservation and preservation." He also commented that Section VII, Application Procedures, Paragraph D.3.f. are confusing as written. (Mr. Dyda's letter is on file with the City Clerk's Office. Neil Watanabe, applicant of View Restoration Permit No. 41, commented that his permit was approved and was in the process to be completed when the freeze was announced. He also mentioned that he has gone above and beyond what was recommended by the VRC and urged the Council to remove the freeze on Permit No. 41. Tom Kinley, 6938 Groverspring Drive, urged the Council to extend retroactivity of the i amended guidelines to everyone who s currently placed on the freeze. Luella Wike, 29172 Oceanridge Drive, commented with respect to the review date occuring a minimum of one year after the initial trimming is performed; and recommended requesting a five -year review period in addition to the one year because after five years the foliage begins to grow and are a better indication of whether the trees have been maintained. Brian Mazen, 29929 Knoll View Drive, View Restoration Permit No. 40, noted that his 90 day period has expired and urged the Council to follow staffs recommendation. Jil Mastous, 6863 Abbottswood Drive, View Restoration Permit No. 51, provided the City Clerk with a copy of her comments urging the Council to remove the freeze and 9 g move forward. Ms. Mastous also noted that certain provisions do not meet the intent of Proposition M and are too narrow of an interpretation of what constitutes a viewing area, and suggested to the Council how it should read. (Ms. Mastous letter is on file with the City Clerk's Office.) Abolrasool Ebrahimi, 6390 Chartres Drive, requested the Council to consider his case and apply a new guideline, pointing out that two out of three occupants seeking view restoration have the same view now as they did at the time they purchased their home and, therefore, should not be entitled to have a greater amount of ocean view at the expense of other homeowners. City Council Minutes January 20, 1998 Page 8 Peggy Costello, 41 Rockinghorse Road, commented that the spirit of the view initiative is in jeopardy; and pointed out that this was voted on by a democratic process, and the view lovers won. Bob Rockoff, 5525 Seaside Heights, commented that some of the elements of the View Restoration Guidelines and Procedures are open ended as to time; made suggestions as to the changes he feels should be made; and submitted a copy of the changes he suggested to the City Clerk. (Mr. Rockoffs letter is on file with the City Clerk's Office.) Martin Dodell, 5751 Capeswood Drive, made specific recommendations to the Guidelines in an effort to make it more workable, fair, and even handed. (He presented a written statement which is on file with the City Clerk's Office.) Felix Krasovec, 30741 Ganado Drive, commented that staff s interpretation of the current View Restoration Guidelines are in the most narrow sense. Daniel Yang, 3511 Bendigo Drive, echoed Mr. Philipson's comments of earlier regarding the retroactive application of these guidelines; and noted that he feels these guidelines should apply to all cases now being held. Joe Oliveri, 6 Chaparral Lane, read a letter from Nick Papadakis which mentioned that the members of RPV Voice believes that item No. 1, Section VIII under View Preservation of the proposed View Restoration Permit Guidelines and Procedures needs to be amended by the deletion of the word "may" and the insertion of the word "shall." Mr. OI iveri also requested that the approved code enforcement decision be brought forward and that enforcement proceed. (Mr. Papadakis' letter is on file with the City Clerk's Office.) Charles Johnson, 30219 Via Borica, provided the City Clerk with a copy of an article out of the "Daily Breeze" dated October 23, 1997, and commented that the Council must take action before El Nino causes the trees to collapse and cause catastrophic consequences to homes. It was the consensus that only cases which have a final decision pending be reviewed under the newly formed guidelines. Lengthy discussion ensued between staff and the City Council regarding amendments to the View Restoration Permit Guidelines and Procedures. Recess and Reconvene: At 10:40 P.M., Mayor Ferraro declared a recess. The meeting reconvened at 10:50 P.M. City Council Minutes January 20, 1998 Page 9 Mayor Ferraro tabled the Redevelopment Agency's meeting to the City Council's meeting on February 3, 1998. Discussion continued regarding amendments to the View Restoration Permit Guidelines and Procedures and it was the consensus of the Council to adopt certain amendments to the guidelines as follows: Section IV -A -1 Language added to clarify that the early neighbor consultation (Page 5) process noted in this sub - section is described later in the section. Section V -B This section re- written to clarify the policy of requiring (Page 11) replacement foliage if foliage that is trimmed and dies within one year of the initial trimming. In addition, a reference to the new replacement foliage standards was added. Section V -E Sub - section has been clarified. Specifically, a sentence which (Page 13) stated that replacement foliage should be comparable to foliage that is an integral element of a property owner's landscape plan has been deleted. Section V -G Re- written to simplify the explanation and purpose of a (Page 14) "maintenance schedule ". Specifically, the reference to monthly trimming and the requirement that the City's Code Enforcement Staff inspections be dictated by the maintenance schedule have been deleted. [The Code Enforcement inspection process is discussed in Section VIII -A -1]. Section V -J Language added to explain what is to occur if a paid invoice is (Page 15) submitted by a foliage owner which exceeds the funds in the City's trust Deposit. In addition, language added to clearly state that a foliage owner is not eligible for financial compensation if he /she performs the foliage trimming himself /herself. Section VII -D -5 -b Re- written so as to revert to the original policy that Commissioners (Pages 18 -19) are not required to visit a foliage owner's property unless requested to do so by the foliage owner. Section VIII -A -1 -a Clarified to make it mandatory that City Staff use the height (Page 21) limits established through an approved View restoration Permit (VRP) as a benchmark for making determinations on any future City Council Minutes January 20, 1998 Page 10 view preservation actions. Section VIII -A -1 -b Amended to limit the number of complaints that maybe filed (Page 21) without a fee, after a VRP has been approved and the initial trimming performed, to no more than once a year. The new language also allows applicants the opportunity to file more frequent complaints if a fee is paid. Section VIII -A -2 -d Amended to limit the number of petitions that may be filed (Page 22) without a fee, by residents seeking view preservation action in lieu of a VRP Application, to no more than once a year. The new language also allows residents the opportunity to file more frequent petitions if a fee is paid. Section VIII- A -24/1 These sections modified to require a meeting between a view (Pages 23- 24) petitioner, foliage owner, and City, similar to the new early neighbor consultation process for VRP's, before a final determination is made on a petition for view preservation action. Council also discussed the possibility of amending the Ordinance to restrict view restoration actions to property owners who did not have a view at the time they purchased their residence. It was the consensus that this issue be brought back for discussion as a separate item at the February 17, 1998 Council also addressed the issue of residents capitalizing on gaining views on their property when they did not have a view when they bought the property; and it was the consensus that the view should go with the owner, not with the land. After a brief discussion on the above - mentioned issue, it was decided to bring this issue back to another City Council meeting. Forrestal Property Trails (701 X 1201) Director Rosenfeld presented the staff report on January 20th and the recommendation to direct the Recreation and Parks Committee, as part of the Conceptual Trails Plan review, to prioritize short and long range improvements to the trails on the recently acquired Forrestal property. It was the consensus of Council that this item be considered by both the Finance Committee and the Recreation and Parks Committee to look at revenue sources. Also, in the interest of expediting this matter, to separate Forrestal from the Conceptual City Council Minutes January 20, 1998 Page 11 Trails Plan review. After a brief discussion on the above - mentioned item, City Manager Bussey suggested putting this item back on the Agenda and bringing it back before the City Council on February 17, 1998. Professional Services Agreement for Design of Lower Hesse Park (1201 x 1203) Director Les Evans presented the staff memorandum of January 20, 1998 and staff's recommendation to approve a Professional Services Agreement with Land Images of Marina del Rey for the design of Lower Hesse Park. A brief discussion ensued about whether this recommendation reflected Counci's direction on the matter. City Manager Bussey stated that staff reviewed the tape of the November 18, 1997 meeting and that this recommendation did reflect Council's direction. Council discussion then centered on what funds would be used; whether this would exhaust certain funds such as the Quimby Fund and the practicality in phasing this expensive project. It was argued, however, that the bid package would request such phasing and would be so emphasized. City Manager Bussey clarified that this item does not determine where the money i comes from, that t is just for the design of the project. Shelby Jordan, 29208 Posey Way, requested the City Council approve staffs recommendations to allow Land Images to provide plans of specifications that the Council can use to ascertain specific dollar amounts to decide which of the items should be implemented. Councilman Byrd moved, seconded by Councilwoman Lyon to approve the contract with the modification that staff is to clarify that improvements are to be designed so that the Council can easily break it into phases. The motion carried on the following roll call vote: AYES: NOES: Hollingsworth, Byrd, Lyon, McTaggart, and Mayor Ferraro None City Council Minutes January 20, 1998 Page 12 PUBLIC COMMENTS Lois Larue provided the City Clerk with copies of three handouts: a newspaper regarding the historical rainfall for Los Angeles, a news article about the landslide in Anaheim Hills, and a letter from Ms. Larue dated December 13, 1990 about the Long Point Draft E.I.R. Ken Dyda spoke on a portion of the View Restoration that is specific to the enforcement of Permit No. 17, and provided a copy of his comments to the City Clerk. Because this item was not on the published agenda and therefore could not be acted on by the Council, it was the consensus that staff should review the matter. ADJOURNMENT At 12:20 A.M., the meeting was adjourned to Thursday, January 22, 1998, at 10:00 A.M. for a work shop on the Five year Capital Improvement Plan. ATTEST: L L2= L /)bITY CLERK n: \c' clerk\minutes \012098cc.min City Council Minutes January 20, 1998 Page 13